Chapter 1-20 REVIEW OF ADMINISTRATIVE DECISIONS

Chapter 1-20
REVIEW OF ADMINISTRATIVE DECISIONS

Sections:

1-20.010 Definitions—Time for filing petition—Records request.

A. As used in this chapter, the following terms shall have meanings as set forth below:

1. “Decision” means a decision subject to review pursuant to Section 1094.5 of the Code of Civil Procedure, suspending, demoting, or dismissing an officer or employee; approving, conditionally approving, revoking or denying an application for a permit, license, or other entitlement; or denying an application for any retirement benefit or allowance.

B. The ninety (90) day statute of limitations set forth in California Code of Civil Procedure Section 1094.6(b) is adopted for actions required to be brought pursuant to Code of Civil Procedure Section 1094.5.

C. Where there is no provision for reconsideration of the decision in any applicable provision of any statute, charter, or rule, for the purposes of this section the decision is final on the date it is made. Where there is a specific provision for reconsideration, the decision is final for the purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided that, if reconsideration is sought pursuant to any such provision, the decision is final for the purposes of this section on the date that action is taken on the request for reconsideration. In making a final decision, the city shall provide notice to the party that the time within which judicial review must be sought is governed by this section.

D. The provisions of this section comply with requirements established by Section 1094.6 of the Code of Civil Procedure and prevails over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.

(Prior code § 2-20.010)

1-20.020 City action—Effect of error.

A. No action, inaction, or recommendation by the city of Laguna Hills, or its City Council, or any board or commission, or any of its administrative agencies or officials, on any matter shall be held invalid or set aside by any court of competent jurisdiction on the ground of improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, “error”) as to any matter pertaining to applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedures, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.

B. This section satisfies and complies with the requirements of Section 65010 of the Government Code of the state of California.

(Prior code § 2-20.020)